Gay marriage: Eddy County judges no longer officiating weddings

CARLSBAD >> Jenna Adams is preparing for a wedding with all the trimmings. The lucky bride to be would be her fiancee, Joanna Peruskie, who she's known for 17 years.

Obtaining a marriage licence should be easy for them, now that the state has clarified its rules on gay marriage. Obtaining a person to sign off on the license, however, is another story.

Judges in Eddy County have agreed not to officiate civil marriage ceremonies. The Eddy County Clerk's Office said the decision was made a few months ago. In December, the New Mexico Supreme Court decided it was unconstitutional to deny marriage licenses to gay and lesbian couples.

Judges, according to state statute, are allowed to officiate weddings but they are not required to. They are also not compensated for the services. Several judges have cited an extensive workload as the main reason for the decision, but one judge did cite religious beliefs as contributing factor.

"I don't have a problem with who wants to get married," Magistrate Judge Henry Castaneda said. "But we don't have to compromise our beliefs."

But for Adams, the judges' decision doesn't really matter.

"Well, thankfully we will not be using a judge," she said in a Facebook message. "It won't affect us. It's disappointing to know that people are still so narrowed minded in this town, though."

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Carlsbad Municipal Judge David Redford said his caseload was too much to bear to continue performing marriage ceremonies.

The state statute reads that ordained ministers, judges and tribal leaders are allowed to officiate weddings. Couples looking to get married in a civil ceremony can obtain a license, but it requires the signature of a judge, minister or representative from a tribe.

Dave Rogers, pastor of Carlsbad's First Christian Church, said he has continued performing weddings for same-sex couples. So far, he has officiated 25 weddings since the start of the year, he said.

While it is still optional for judges to perform marriages, the decision could bring up a legality issue to the state. County clerks are required to issue licenses but are not allowed to performed the ceremony at the office. District judges rarely perform weddings.

Arthur Pepin, director of the state's Administrative Offices of the Court, said the department never had an official marriage policy, but received numerous calls about the issue after the ruling was made. The decision, Pepin says, is optional but he doesn't know how many judges in the state have adopted the practice of not performing marriages.

"We understand it is a sensitive matter for so many people," he said. "But you have to treat people equally."

"They either perform marriages or they don't," he added.

Neighboring county judges have also decided to no longer perform marriages. Jeff Ortega, chief deputy clerk for Chaves County, said judges informed the county of their decision months before the supreme court decision. In Lea County, however, two judges in Lovington did notify the county clerk that they were still going to continue to officiate weddings, said Pat Chappelle, Lea County clerk. Chappelle said the county has not received a significant spike in marriage licenses since the ruling, but the process has been a little slower because of a shortage of people who can legally sign off on marriage licenses.

For Adams, the thought of marriage could not come at better time.

"One major reason we are pushing to get married is our daughter," she said. "She deserves to have two parents who love and want her. Getting married will set a good example for her and help in me legally adopting her."

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